A solicitor sought an order to discharge a mortgage and rectify the Land Titles Parcel Register following a property sale.
An earlier mortgage, inadvertently deleted from title, complicated the transaction.
The solicitor relied on the Parcel Register and a payout statement from the mortgagee, which was mistakenly applied to the deleted mortgage, leaving the intended mortgage undischarged.
The court applied the doctrine of estoppel, finding that the mortgagee's representation in the payout statement, coupled with the solicitor's reasonable reliance, warranted the discharge of the mortgage and rectification of the register.
Concurrently, the mortgagee's cross-motion for judgment against the vendor on the underlying debt was granted, as the vendor was aware of the outstanding obligation and could not reasonably claim estoppel regarding the debt itself.
